PLAINTIFF’S MOTION TO SET ASIDE DISMISSAL; CCP §473(b)
LAW AND MOTION TENTATIVE RULINGS DATE: JUNE 17, 2026 TIME: 8:30 A.M.
TENTATIVE RULINGS ARE NOT POSTED IN UNLAWFUL DETAINER CASES
Notice to prevailing parties: Local Rule 2.10.01 requires you to submit a proposed formal order incorporating, verbatim, the language of any tentative ruling – or attaching and incorporating the tentative by reference - or an order consistent with the announced ruling of the Court, in accordance with California Rule of Court 3.1312. Such proposed order is required even if the prevailing party submitted a proposed order prior to the hearing with two exceptions: (1) in unopposed matters where the moving party has provided a detailed proposed order or JCC form of order, or (2) where the tentative is simply to “grant”. Failure to comply with Local Rule 2.10.01 may result in the imposition of sanctions following an order to show cause hearing, if a proposed order is not timely filed.
No. 25CV01810
PATTERSON v. TRADER JOE’S, et al.
PLAINTIFF’S MOTION FOR ORDER COMPELLING THE ATTENDANCE OF DEFENDANTS’ PMQ
The parties have agreed that the remote deposition of the PMQ will proceed on July 8, 2026, at 10 am. The Court appreciates the parties’ productive meet and confer efforts.
No. 25CV02695
QUITEVIS v. CUEVASBADILLA
PLAINTIFF’S MOTION TO SET ASIDE DISMISSAL; CCP §473(b)
The unopposed motion is granted pursuant to the mandatory relief provision of Code of Civil Procedure section 473, subdivision b. The dismissal is vacated.
The moving party bears the burden of proving they are entitled to relief under section 473, subdivision b. The court is empowered to relieve a party “upon any terms as may be just ...from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (§ 473, subd. (b).) Any party to the action or his or her legal representative may seek relief under section 473, subdivision b and relief is mandatory when it is based upon an attorney affidavit of fault.
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
LAW AND MOTION TENTATIVE RULINGS DATE: JUNE 17, 2026 TIME: 8:30 A.M.
Plaintiff’s counsel declares that he missed the first case management conference date due to the notice being misfiled in another matter. He also declares he did not receive the electronic notice setting the OSC for failure to appear, which resulted in this action being dismissed without prejudice on March 27, 2026. (Rawlings Declaration.)
No. 26CV00303
PORTFOLIO RECOVERY ASSOCIATES, LLC v. FURTADO
(UNOPPOSED) DEFENDANT’S MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS
The unopposed motion is granted.
I. COMPLAINT AND MOTION
Plaintiff Portfolio Recovery Associates, LLC (“Portfolio”) filed this limited jurisdiction collections case for breach of contract against defendant Vera Furtado (“Furtado”), seeking $6,091.01 in unpaid credit card charges. Portfolio is the assignee of this unpaid debt and “was assigned and transferred all right, title and interest in the credit account.” (Compl. at ¶ 6.) Attached to the complaint as exhibits A and B are copies of Furtado’s account statements with the amount owing. Exhibit C is a document which provides information concerning the account and includes a section on arbitration of claims.
Page 3 of exhibit C contains a section titled “RESOLVING A DISPUTE WITH ARBITRATION.” Section 1 provides that “[i]f either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you (including any other use of your account), and us (including our parents, agents, employees, officers, and assignees) that directly or indirectly arises from or relates to your account, your account Agreement or our relationship except as noted below. In addition, any assignees, agent, or service provider of ours that collects amounts due on your account are intended beneficiaries of this Arbitration section and may enforce it in full (notwithstanding any state law to contrary).” (Emphasis added.)
Section 2 states that the arbitration agreement “broadly covers claims, including counterclaim, based upon contract, tort, consumer rights, fraud, and other intentional torts, negligence, constitution, statute, regulation ordinance, common law and equity, and claims for money damages and injunctive or declaratory relief ... .”
Furtado filed an answer on April 10, 2026, and on the same day, filed this motion to compel arbitration as per the agreement between the parties and Code of Civil Procedure section 1281.2. There is no opposition.